Tano vs Socrates GR. 110249
21 August 1997
Ponente: Davide, Jr.
Petitioners: Tano et al Respondents: Gov Socrates of Palawan et al Facts: The Sangguniang Panlungsod ng Puerto Princesa enacted Ordinance No15-92 which banned all live fish and lobster outside Puerto Princesa city from January 1 to January 1998. The ordinance provided that it shall be unlawful for any person or any business enterprise or company to ship out from Puerto Princesa to any point of destination wither via aircraft or sea craft of any live fish and lobster except sea bass, catfish, mudfish, and milkfish fries. To implement the said ordinance, Office Order No.23 was enacted which provide that any person engaged or intending to engage any business, trade, occupation, calling or profession or having his possession any of the articles which a permit is required to had to obtain first a mayor's permit. On 19, 1993, the Sangguniang Panlalawigan, Provincial Government of Palawan enacted Resolution 33 which prohibited the catching, gathering, possessing, buying, selling and shipment of the marine coral dwelling aquatic organisms, to wit: Mameng, Suno, Panter or Senorita, Lobster below 200 grams and spawning, Taklobo, Mother Pearl Oysters, and Giant Clams for a period of 5 years in and coming from Palawan.
The respondents implemented the said ordinances. Petitioners Alfredo Tano et al were charged criminally in the Municipal Circuit Trial Court. Without seeking redress form the concerned local government units, prosecutor's office and courts, petitioner directly invoked our original jurisdiction by filing this petition. The petitioners contended that: (1) the ordinances deprived them of due process of law, their livelihood and unduly restricted they form the practice of their trade, in violation of section 2, Art. XII of the 1987 Constitution; (2) were conducted before the enactment of Office Order No. 23 contained no regulation nor condition under which the Mayor's Permit could be granted or denied; (3)Ordinance NO.2 of Palawan altogether prohibited the catching, gathering, possession, buying, selling and shipping of live marine coral dwelling organisms, without any distinction whether it was caught or gated through the lawful fishing method; (4) the Ordinance No. 2 was null and void , the criminal cases based thereon against the petitioners have to be dismissed. On 15 June 1993, the OSG was required to comment on the petition. The Respondents Governor Socrates and the members of the Sangguniang defended the validity of the said Ordinance No 2 as a valid exercise of the Provincial Governments power under the general welfare clause of RA 7160. They claimed that in the exercise of such powers, the Province of Palawan had the right and responsibility to insure that the remaining coral reefs, where fish dwell, within its territory remain healthy for the future generation. They also further maintained that there was no violation of the due process and equal protection clauses because public hearings for the Ordinance were conducted. On 25 October 1993, petitioners filed an urgent plea for the issuance of TRO, claiming that despite the pendency of this case, Branch 50 of the RTC was bent on proceeding with the criminal case against
petitioners. Acting on the said plea, the judge ceased and desist from proceeding with the arraignment and pretrial.
On 22 April 1997, the Department of Agriculture and the Bureau of Fisheries and Aquatic Resources were required to comment. There were two sets of petitioners in this case. The first composed of Alfredo Tan et al; the second is composed of 77 all of whom are natural persons who claim to be fishermen, except the Airline Shippers Association of Palawan. The primary concern of the first petitioner is to prevent the prosecution, trial and determination of the criminal cases until the constitutionality or legality of the princes they allegedly violated shall have been resolved. As to the second set of petitioners, the instant case is one for Declaratory Relief. Issue: Whether or not the Ordinances in question are unconstitutional. Held: No In light then of the principles of decentralization and devolution enshrined in the LGC and the powers granted therein to local government units under Section 16 (the General Welfare Clause), and under Sections 149, 447(a) (1) (vi), 458 (a) (1) (vi) and 468 (a) (1) (vi), which unquestionably involve the exercise of police power, the validity of the questioned Ordinances cannot be doubted. General Welfare . — Every local government unit shall exercise the powers expressly granted, those necessarily implied there from, as well as powers necessary, appropriate, or incidental for its efficient and effective governance, and those which are essential to the promotion of the general welfare. Within their respective territorial jurisdictions, local government units shall ensure and support, among other things, the preservation and enrichment of culture, promote health and safety, Enhance the right of the people to a balanced ecology , encourage and support the development of appropriate and self-reliant scientific and technological capabilities, improve public morals, enhance economic prosperity and social justice, promote full employment among their residents, maintain peace and order, and preserve the comfort and convenience of their inhabitants. (emphasis supplied).It is clear to the Court that both Ordinances have two principal objectives or purposes: (1) to establish a "closed season" for the species of fish or aquatic animals covered therein for a period of five years; and (2) to protect the coral in the marine waters of the City of Puerto Princesa and the Province of Palawan from further destruction due to illegal fishing activities. It imposes upon the Sangguniang banyan, the Sangguniang panlungsod, and the Sangguniang Panlalawigan the duty to enact ordinances to "[p]protect the environment and impose appropriate penalties for acts which endanger the environment such as dynamite fishing and other forms of destructive fishing . . . and such other activities which result in pollution, acceleration of eutrophication of rivers and lakes or of ecological imbalance."
The petition is dismissed. Sections 2 and 7 of Article XIII provide: Sec. 2. The promotion of social justice shall include the commitment to create economic opportunities based on freedom of initiative and self-reliance.xxx xxx xxxSec. 7. The State shall protect the rights of subsistence fishermen, especially of local communities, to the preferential use of the communal marine and fishing resources, both inland and offshore. It shall provide support to such fishermen through appropriate technology and research, adequate financial, production, and marketing assistance, and other services. The State shall also protect, develop, and conserve such resources. The protection shall extend to offshore fishing grounds of subsistence fishermen against foreign intrusion. Fish workers shall receive a just share from their labor in the utilization of marine and fishing resources.
